RESIDENTIAL LEASE ADDENDUM

PEST CONTROL DISCLOSURE & ALLOCATION OF RESPONSIBILITIES

(State of North Dakota)

I. DOCUMENT HEADER

This Residential Lease Addendum – Pest Control Disclosure & Allocation of Responsibilities (this “Addendum”) is made effective as of [EFFECTIVE DATE] and is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE] (“Landlord”), and [TENANT LEGAL NAME(S)] (collectively, “Tenant”), with respect to the residential dwelling located at [PREMISES ADDRESS] (the “Premises”), situated in the State of North Dakota.

The parties agree that this Addendum shall be governed by, and construed in accordance with, the residential landlord-tenant laws of North Dakota, including N.D. Cent. Code ch. 47-16, and any applicable local housing codes (collectively, “State Landlord-Tenant Law”).

TABLE OF CONTENTS

1. Definitions
2. Disclosure of Current Pest Status
3. Allocation of Pest Control Obligations
4. Procedures for Inspection, Treatment, and Re-Treatment
5. Access & Tenant Cooperation
6. Cost Allocation & Billing Procedures
7. Representations & Warranties
8. Covenants & Ongoing Duties
9. Default; Notice & Cure; Remedies
10. Risk Allocation
11. Dispute Resolution
12. General Provisions
13. Execution Block

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in the Lease.

“Addendum” means this Pest Control Disclosure & Allocation of Responsibilities Addendum.
“Actual Damages” means the out-of-pocket costs and expenses incurred and proven, exclusive of consequential, punitive, or exemplary damages.
“Infestation” means the presence of Pests at a level that materially affects the habitability of the Premises.
“Licensed Pest Control Provider” means a person or entity duly licensed under applicable North Dakota law to provide pest inspection and treatment services.
“Pests” means insects, rodents, bed bugs, termites, cockroaches, ants, fleas, mites, and any other vermin specified by applicable law or local ordinance.
“Preventive Treatment” means routine inspection and treatment intended to keep the Premises free from Pests before an Infestation occurs.

III. OPERATIVE PROVISIONS

1. Disclosure of Current Pest Status
   1.1 Landlord hereby discloses that, to Landlord’s actual knowledge as of the Effective Date:
   (a) [ ] The Premises have no known active Infestation; or
   (b) [ ] The Premises presently have or previously had the following Pest activity: [DETAILS].
   1.2 Landlord attaches any available inspection or treatment reports from the preceding twelve (12) months as Schedule A.

2. Allocation of Pest Control Obligations
   2.1 Landlord Obligations (Statutory Habitability)
   (a) Pursuant to N.D. Cent. Code § 47-16-13 (2023), Landlord shall maintain the Premises in a fit and habitable condition, which includes providing reasonable Pest control and Preventive Treatment.
   (b) Landlord shall employ a Licensed Pest Control Provider for all professional inspections and treatments required under this Addendum.
   2.2 Tenant Obligations
   (a) Tenant shall maintain the Premises in a sanitary condition, promptly remove garbage, and take reasonable measures to prevent conditions conducive to Pest activity.
   (b) Tenant shall promptly (within forty-eight (48) hours) notify Landlord in writing of any suspected Pest presence.

3. Procedures for Inspection, Treatment, and Re-Treatment
   3.1 Initial Inspection. Within [X] days after the Commencement Date, Landlord shall arrange for a Licensed Pest Control Provider to perform a baseline inspection at Landlord’s expense.
   3.2 Treatment Plan. If an Infestation is confirmed, Landlord shall, within a commercially reasonable time, implement a treatment plan and provide Tenant with written notice of dates, times, and preparation requirements.
   3.3 Re-Treatment & Follow-Up. If follow-up treatments are required, Landlord shall schedule them in accordance with industry standards until the Infestation is resolved.

4. Access & Tenant Cooperation
   4.1 Entry. Tenant shall provide reasonable access to the Premises for inspections and treatments after at least twenty-four (24) hours’ prior written notice, except in emergencies.
   4.2 Preparation. Tenant shall comply with all preparation instructions provided by the Licensed Pest Control Provider.
   4.3 Failure to Cooperate. Tenant’s failure to provide access or comply with preparation instructions constitutes a material breach of the Lease and this Addendum.

5. Cost Allocation & Billing Procedures
   5.1 Landlord Costs. Landlord shall bear:
   (a) All costs of Preventive Treatment; and
   (b) The first occurrence of treatment for any Infestation not attributable to Tenant.
   5.2 Tenant Costs. Tenant shall reimburse Landlord, as Additional Rent, for:
   (a) Any treatment, re-treatment, or repairs required due to Tenant’s negligence, willful misconduct, or violation of Section 2.2; and
   (b) Failure-to-Cooperate charges imposed by the Licensed Pest Control Provider.
   5.3 Billing. Landlord shall deliver an itemized statement; Tenant shall pay within [15] days after receipt, subject to applicable notice and cure rights under the Lease.

IV. REPRESENTATIONS & WARRANTIES

6.1 Landlord represents that all disclosures in Section 1 are true and complete to Landlord’s actual knowledge.
6.2 Tenant represents that:
(a) Tenant has not knowingly introduced any Pests into the Premises; and
(b) Tenant is not moving from a dwelling with an active Infestation unless disclosed here: [DISCLOSURE].
6.3 Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

7.1 Tenant covenants to maintain housekeeping standards that discourage Pest activity.
7.2 Tenant shall not apply over-the-counter pesticides that conflict with professional treatments without Landlord’s prior written consent.
7.3 Landlord covenants to schedule treatments at reasonable times and in compliance with state and local notice requirements.

VI. DEFAULT & REMEDIES

8.1 Events of Default
(a) Tenant Default. Any failure by Tenant to (i) allow access, (ii) comply with preparation instructions, or (iii) reimburse Landlord under Section 5.2 within the cure period constitutes a default.
(b) Landlord Default. Landlord’s failure to initiate treatment within a reasonable time after notice of an Infestation constitutes a default.
8.2 Notice & Cure
(a) Tenant defaults: cure period of [5] days after written notice.
(b) Landlord defaults: cure period of [10] days after written notice, subject to extension for force-majeure delays.
8.3 Remedies
(a) Tenant Remedies. If Landlord fails to cure, Tenant may pursue remedies under State Landlord-Tenant Law, including rent withholding or seeking injunctive relief to enforce habitability (see Section 11.4).
(b) Landlord Remedies. Upon Tenant default, Landlord may (i) perform Tenant’s obligations at Tenant’s expense, (ii) charge such amounts as Additional Rent, and (iii) pursue any other remedies under the Lease or law.
8.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

9.1 Indemnification
(a) Tenant shall indemnify, defend, and hold harmless Landlord from any Actual Damages arising from Tenant’s breach of this Addendum or negligence in preventing Pest activity.
(b) Landlord shall indemnify Tenant against Actual Damages caused by Landlord’s gross negligence or willful failure to perform required treatments.
9.2 Limitation of Liability. Except for (i) damages arising from a party’s gross negligence or willful misconduct, or (ii) bodily injury, each party’s aggregate liability under this Addendum is limited to Actual Damages.
9.3 Insurance. Landlord and Tenant shall each maintain any insurance required under the Lease; Tenant is advised to obtain renter’s insurance covering personal property damage arising from Pest Infestation.
9.4 Force Majeure. Performance deadlines are extended for force-majeure events beyond the reasonable control of the affected party, excluding financial inability.

VIII. DISPUTE RESOLUTION

10.1 Governing Law. This Addendum and any disputes hereunder are governed by the laws of the State of North Dakota without regard to conflict-of-laws rules.
10.2 Forum Selection. Exclusive jurisdiction and venue lie in the state housing court or other court of competent jurisdiction in [COUNTY], North Dakota.
10.3 Arbitration. Arbitration is expressly excluded.
10.4 Jury Trial. Each party retains its constitutional right to a trial by jury.
10.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to compel compliance with habitability and Pest control obligations, without the necessity of posting bond where permitted by law.

IX. GENERAL PROVISIONS

11.1 Amendment & Waiver. Any amendment or waiver must be in a writing signed by both parties.
11.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent except as required by law.
11.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.
11.4 Severability. If any provision is held unenforceable, the remainder will be enforced to the fullest extent permitted.
11.5 Integration. This Addendum, together with the Lease and any other addenda, constitutes the entire agreement regarding Pest control and supersedes all prior negotiations.
11.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.

[Notary acknowledgment blocks may be added here if required by local practice.]

[// GUIDANCE:
1. Customize the notice periods, cure periods, and allocation percentages in Sections 3–5 to reflect the parties’ agreement and any local ordinances.
2. Attach Schedule A (inspection/treatment reports) and additional schedules for multi-family properties if separate common-area treatments are performed.
3. Verify compliance with any municipal Pest control ordinances that impose stricter standards than state law.
4. If the Premises are located in a city requiring licensed applicators to provide specific disclosure forms (e.g., bed-bug notice), append those forms as exhibits.
5. Counsel should review insurance policies to confirm coverage for Pest-related claims and adjust Section 9.3 accordingly.
// END GUIDANCE]